Not so fast: A councilman's push to legalize throttle e-bikes isn't ready for prime time

Brooklyn Councilman Rafael Espinal, irked by a turn of the wheel that's legalizing pedal-assist e-bikes while leaving hand-throttle e-bikes subject to fines and confiscation, wants to remedy what he considers an injustice.

He hasn't thought this through.

Advertisement

The new legal e-bikes, featured in the growing Citi Bike fleet, have a motor that kicks in when and only when you move the pedals. No more struggling up that hill — so long as you, the rider, are doing your part. Stop pedaling, the motor stops. They top out at 20 mph.

The throttle e-bikes, popular among immigrant deliverymen, are retrofitted with electric motors that turn them into zippy mini mopeds. Look ma, no feet; just turn your fist, and away you go.

Trouble is, under state law, they're illegal, subject to $500 fines and confiscation.

One of his four bills would make all throttle e-bikes that go up to 20 mph street legal, no license or helmet required. Another would create a new publicly funded program offering low-income New Yorkers up to $1,000 a pop, no small sum, to convert their illegal e-bikes into pedal-assist e-bikes.

We asked him why anyone would bring in a throttle e-bike to get it converted if the law simultaneously made the ride legal. He didn't have an answer.

We asked him under what logic throttle e-bikes should be considered more bicycles than mopeds. He suggested it's because mopeds use gas. But mopeds, motorcycles and cars are increasingly likely to be electric; that doesn't change what they are.

We asked him whether his city laws would be thrown out in court, since they seem to flatly conflict with state statutes. He said something to the effect of hmm, maybe.

The councilman says his bills are just drafts, and he's more than happy to adjust them after hearings. Get out that wrench and start now.